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Home My WebLink About2023-11-07 SB Packet - Released SELECT BOARD MEETING Tuesday, November 7, 2023 Estabrook Hall, Cary Memorial Building, 1605 Massachusetts Avenue, Lexington, MA 02420 - Hybrid P artic ip ation* 6:00 P M AGENDA ITEMS FOR INDIVIDUAL CONSIDERATION 1. Special Town Meeting 2023-1 6:OSpm • S elect Board Artic le Discus sion and P o sitions ADJOURN 1. Anticipated Adjournment 7:OOpm Meeting Packet:https://lexington.novusagenda.com/agendapublic/ �Membe�s of the public can attend the meetz'ng f�om thei�compute�o�tablet by clicking on the following link at the tz'me of the meetz'ng: https://zoom.us/j/92482764382?pwd=SFFvYWo3MmVkODF laGSETmNsRDVoZz09 iP ho ne o ne-tap: +13092053325„92482764382#,,,,*380743# US +13126266799„92482764382#,,,,*380743# US (Chicago) Telephone: +1 309 205 3325 US +1 312 626 6799 US (Chicago) +1 646 931 3860 US +1 929 205 6099 US (New York) +1 301 715 8592 US (Washington DC) Meeting ID: 924 8276 43 82 Passcode: 380743 An Act Relative to Extending C ertain S tate o f Emergency Ac c ommo dations:http s://v��ww.mas s.gov/the-op en-meeting-law T he next regularly s c heduled meeting o f the S elec t B o ard will b e held o n Wednes day, No vemb er 8, 2023 at 6:30pm via hybrid participation prior to the start o f S p ecial Town Meeting 2023-1. The next regularly scheduled work session of the S elect Board will be held on Monday, November 13, 2023 at 6:30pm via remote participation. Hea�ing Assistance Devices Available on Request �� All agenda time and the o�de�of items a�e app�ximate and � � ��,,, subject to change. Recarded by LexMedia AGENDA ITEM SUMMARY LEXINGTON SELECT BOARD MEETING AGENDAITEM TITLE: Special Town Meeting 2023-1 PRE E TER• ITEM S N . NUMBER: Board Discussion I.1 S UMMARY: C ategory: Informing/D ecision-Making The S elect Board will discuss S TM 2023-1 articles and take positions. �� ,� , �� ' �,l .°�u �,��„� ��° �,.� �F � ��u �, � , �, �,�� , :�n x,r � � �;:��.�i�.��it ��ll��,��„�Y��.��.�� l ��i� r:�n ��i� ��u��t `��„�,�;��.��:�(.�;�� fi�� ,�,��„��i�a.. SUGGESTED MOTION: FOLLOW-UP: DATE AND APPROXIMATE TIME ON AGENDA: 11/7/2023 6:OSpm ATTACHMENTS: Description Type � ��;��c��;��°°�� :��,��jn��,,,,��;��.��"�J�` I[:�,��%�,v�,,,,,� �� ,�,;��:�� i�,,��;��~��.��c.��i�� I��;��.�� II��,��~��-�� ;�c��I"��,��,�� .��c;��:��,��. IC�:�,��i�;�,� � z � w w � M N � a � a � o � . � �, �.+ ;� �,, �.+ � �, �,, �,, �,, � �, �,, �,, oc w m � x �' �' �' � > �' O � � � � � � � � � � � � � � z � O M--� rti., �..., Q A '—' � '=' �' � � � � � � � � � � � � � � � �, � a, �., � � � �- � ►� ►�-� � � � � � � ►,� � a � a � � � � � � � � � � � � � � � � � � o � � � � a a � � o � �, � U N O � � O O .� � �"� C� °° � � U � � a� � a, � � � �1 � O (/') � QI � Z ti V� ti �, Q ti � � � � � a � � � � � w � � � � � a � � � o � � � ,� � � � � '� � � � pq ° � '� '� � °' o H � � � � a� � � � .� a? 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N � � b.fJ � � � � .� ., � � c� � � � � c� �--� c�'' �' •� 4�--� N � � � � ,� � ,� ,� .� ,� � � � � � � � � H H � � � H •� � a � � � :� � � � .-� � � � � � o � � ° u� � � . � � `� � � � � � � � �� u� �, �� . �, � u� � a� o � � � � � � � � a� � Q ar� � .�; f�, .�, v� � r� r-, � P-, � � � � � � Q' P� U � W �, � � � ►--, � � � � �k r--� N M � �n �O � 00 � z � w w � M N � � � � o � � . � oc w m � x � � � � � �' O z � 0 � Q A � � � � � � � � � � � � � � � � � o � � � � � � o � �, � U N O � � O O .� � �"� C� °o � � L� � v� �l � P-� � � � w d �i � Q '� � � ° W O � � � � � a � � � � � w � � � � � a � � � o � � o � � .,_., � o ° •� � �� U � � � 4� � ''—' �—+ N •� w � �; � � � a� � c� N p� O � ''� c-n $--, ;� �' � � r--{ � P� � � `� � '� � � � I � � � � � � � � � � � � � � � � v •v, � r--� � � � � w � ,� � � � � � � � � � �' I � � � .� � .� � c� � �, �'' � p � p � � '� � � � � N � N � � � � o � � � � � � �� o �j � � o � � d � � �+ � � � A� � � � o� o '� N � � � Town of Lexington Motion Special Town Meeting 2023-1 ARTICLE 9 AUTHORIZE HOME RULE PETITION FOR SPECIAL LEGISLATION ESTABLISHING THE ELECTION OF TOWN OFFICES USING RANKED CHOICE VOTING (CITIZENS' PETITION) MOTION: That the Select Board be authorized to petition the Massachusetts General Court to enact legislation in substantially the form below for the purpose of implementing ranked choice voting in the Town of Lexington, and further that the Select Board be authorized to approve amendments to said act by the General Court before its enactment that are within the scope of the general obj ectives of this motion. Be it enacted by the Senate and House of Representative in General Court assembled, and by the authority of the same, as follows: "An Act Establishing Ranked Choice Voting fo� Ce�tain Offices in the Town of Lexington" SECTION 1. Effectiveness of this Act This act shall take effect upon its passage, and elections for the Town offices described herein shall take place in accordance with this Act on or after January 1, 2025. The provisions of this Act shall supersede all inconsistent provisions of Chapter 753 of the Acts of 1968, as amended as of January 1, 2025. SECTION 2. Definitions Chapter 753 of the Acts of 1968, as amended by Chapter 284 of the Acts of 1976, Chapter 120 of the Acts of 1985, Chapter 117 of the Acts of 2019, and Chapter 3 of the Acts of 2020 is hereby amended by inserting Sections lA and 1B as follows: S ection 1 A The terms below shall have the following meanings for the purposes of Sections 1 A and 1 B: "Batch elimination," the simultaneous defeat of multiple candidates, as provided in Section 1 B(d). "Concluded ballot," a ballot that does not rank any continuing candidate or that contains an overvote at the highest-ranked continuing candidate. "Continuing candidate," a candidate who has not been defeated or elected. "Elected candidate," a candidate who has obtained sufficient votes to be elected, whether there are additional election rounds before the election has concluded, or the election concluded after the vote during which they were elected. 1 Town of Lexington Motion Special Town Meeting 2023-1 "Election threshold," the number of votes sufficient for a candidate to be elected in a multi-seat election. It is calculated by dividing the total number of votes counting for continuing candidates in the first round by the sum of the number of seats to be elected plus one, disregarding any fractions, and then adding one. "Highest-ranked continuing candidate," the continuing candidate with the highest ranking on a voter's ballot. "Last-place candidate," (i) the candidate with the lowest vote total in a round of the ranked- choice voting tabulation; or(ii) a candidate that is defeated in batch elimination. "Overvote," a circumstance in which a voter ranks more than one candidate at the same ranking. "Plurality voting,"the voting system in which the candidate receiving the most votes is declared the winner, even if such candidate does not receive a maj ority of the votes cast in the election. "Ranked choice voting," a method of casting and tabulating ballots in which voters rank candidates for office in order of preference. "Ranking," means the number assigned on a ballot by a voter to a candidate to express the voter's preference for that candidate. Ranking number one shall be the highest ranking, ranking number two shall be the next-highest ranking, and so on. "Skipped ranking," a circumstance in which a vote does not use a ranking and ranks a candidate with a subsequent ranking (e.g., a voter casts their votes as follows: (1) Jane Doe; (2) Michael Smith; (4) Mary Johnson). "Surplus fraction," the number equal to the difference between an elected candidate's vote total and the election threshold, divided by the candidate's vote total. "Transfer value," the proportion of a vote that a ballot will count to its highest-ranked continuing candidate. Each ballot shall begin with a transfer value of one. If a ballot counts to the election of a candidate under subsection 1 B(d)(1), it receives a lower transfer value. S ection 1 B (a) Notwithstanding the provisions of Section 1, or any other special or general law to the contrary,on or after January 1,2025,the following town offices shall be elected by ranked choice voting, except for (1) a single-seat office when the number of certified candidates is less than or equal to two, or (2) a multi-seat office when the number of certif�ied candidates is less than or equal to the number of seats to be elected, provided that this Section 1 B shall not affect the term of office of any such elected official or elected member of such board, committee or authority elected on or before December 31, 2024. (1) moderator; (2) select board; 2 Town of Lexington Motion Special Town Meeting 2023-1 (3) school committee; (4) Lexington housing authority; and (5) planning board. (b) In any single-seat election, each round shall begin by counting the number of votes for each continuing candidate. Each ballot shall count as one vote for its highest-ranked continuing candidate. Concluded ballots shall not be counted for any continuing candidate. Each round shall end with one of the following two outcomes: (1) If there are more than two continuing candidates, no candidate may win the seat outright by a plurality or majority vote and instead, after a vote, (i) the last-place candidate shall be defeated; or (ii) the last-place candidates shall be defeated in batch elimination, and a new round shall begin; or (2) If there are two continuing candidates, the candidate with the fewest votes shall be defeated, the candidate with the most votes shall be elected, and tabulation shall be complete. (c) In any multi-seat election, each round shall begin by counting the number of votes for each continuing candidate. Each ballot shall count, at its current transfer value, for its highest-ranked continuing candidate. Concluded ballots shall not count for any continuing candidate. In the first round only, the election threshold shall then be calculated. Each round shall proceed as follows: (1) Any continuing candidate who meets or exceeds the election threshold shall be elected. Each ballot counting for an elected candidate shall be assigned a new transfer value by multiplying the ballot's current transfer value by the surplus fraction for the candidate. Each elected candidate shall be deemed to have a number of votes equal to the election threshold in all future rounds, and a new round shall begin; each candidate having exceeded the Election Threshold in the initial ballot shall be removed or listed as"ELECTED"on all subsequent ballots for continuing candidates until the election is complete; (2) If no continuing candidate has more votes than the election threshold and the sum of the number of elected candidates and continuing candidates is more than the sum of the number of seats to be elected plus one, the last-place candidate shall be defeated or the last-place candidates shall be defeated in batch elimination, and a new round shall begin; or (3) If no continuing candidate has more votes than the election threshold and the sum of the number of elected candidates and continuing candidates is equal to the sum of the number of seats to be elected plus one,the continuing candidate with fewest votes shall be defeated, all other continuing candidates shall be elected, and the election is complete. (d) Batch elimination shall apply to the largest possible group of continuing candidates such that the sum of the votes for batch-eliminated candidates is less than the individual number of votes for every continuing candidate not in the group; provided that the number of continuing candidates not batch-eliminated is at least one more than the remaining number of positions to elect. (e) Ties shall be resolved as follows: 3 Town of Lexington Motion Special Town Meeting 2023-1 (1) If two or more last-place candidates are tied and batch elimination applies, each tied candidate to whom batch elimination applies shall be defeated accordingly. (2) If two or more continuing candidates are tied but are not in last place, the order of said tied continuing candidates shall be determined by the number of votes received by each tied candidate in the prior round; or (3) If two or more last-place continuing candidates are tied and batch elimination does not apply, the continuing candidate with the fewest votes in the prior round shall be defeated. If two or more continuing candidates were also tied in the prior round (i.e., two continuing candidates were tied in the previous round, but batch elimination did not then apply), the continuing candidate with the fewest votes in the next-prior round shall be eliminated. If two last-place continuing candidates are tied at the end of the��st round and batch elimination does not apply, then the two tied continuing candidates shall have a run-off before the next round. The continuing candidate with fewer votes in the runoff will be defeated, and any remaining rounds in the election will proceed according to this Section 1 B. This process shall be applied successively as many times as necessary, a tie shown in any prior round shall be decided by referring to the standing of the candidates in the round immediately preceding the tie. (� The Town Clerk may, at the Town Clerk's discretion, publish guidance or rules on the administration of elections conducted according to this Act; provided that any such guidance or rules shall be limited to logistical, accessibility, or other similar guidance or rules that are purely administrative in nature; and provided further that any guidance or rules hereunder published shall be limited to ensuring the integrity and efficient functioning of the election. (g) In any election conducted in accordance with the provisions of this Section lA and Section 1 B, the Town Clerk shall publish election results that show the tabulations by round, along with any additional information that may be required by applicable law. (Revised 11/07/2023) 4 Town of Lexington Motion Special Town Meeting 2023-1 ARTICLE 12 AMEND ZONING BYLAW—2013-2027 MASSACHUSETTS AVENUE (OWNER PETITION) Petition for Rezoning Amendments to Planned Development District CD-15 for 2013-2027 Massachusetts Avenue (The Inn at Hastings Park) Motion: That the Zoning Bylaw, Chapter 13 5 of the Code of the Town of Lexington, be amended as follows, and further that non-substantive changes to the numbering of the Bylaw be permitted to comply with the numbering format of the Code of the Town of Lexington: 1) Amend the Preliminary Site Development and Use Plan for the Planned Commercial District at 2013-2027 Massachusetts Avenue dated April 20, 2012 ("PSDUP") by removing the name of Dana Home of Lexington, Inc. as a petitioner and changing the name of petitioner AB Holdings, LLC to "Trisha Perez Kennealy/AB Holdings, LLC". 2) Replace all PSDUP references to Assessor's Map 49, Parcel 2 (2027 Massachusetts Avenue) and Assessor's Map 57, Parcel 12 (2013 Massachusetts Avenue) with Assessor's Map 49, Lot 2A (2013-2027 Massachusetts Avenue). 3) Replace all PSDUP references to the 2011 Zoning Bylaw with references to the current Zoning Bylaw as follows, where text is to be removed and underlined text is to be added: I.A(1) Administration a) All references to the Zoning Bylaw herein refer to the Lexington Zoning Bylaw as may be amended, ' b) Where the PSDUP is silent with respect to any requirement of the?n, , T,ov;r��,�Zoning Bylaw applicable to this Planned Development District, the Bylaw requirement shall apply. Where the PSDUP and Bylaw conflict or are inconsistent with respect to any requirement applicable to the Planned Development District,the PSDUP shall supersede any such requirement of the Bylaw. I.A(2) Permitted Uses e) Living facilities for seniors set forth in Zoning Bylaw Section 135-�6.6. 1 Town of Lexington Motion Special Town Meeting 2023-1 I.A(4) Standards &Requirements for Landscaping, Transition & Screening > > > > . : The provisions of Section 5.3, Landscapin,�, Transition, and Screenin,�, of the Zoning Bylaw do not apply to the PDD, except where noted below: a) The obj ectives found in 13 5-��5.3.1 apply. b) The requirements of 13 5-��.�r�5.3.3,pertaining to the Landscaping Plan apply. c) The provisions of Section 135-�5.3.11, Maintenance, and 135-�5.3.12, Landscaping to be completed prior to issuance of certificate of occupancy, apply. d) The provisions of Section 135-�9-5.3.13, Screening of other uses within the lots, apply. I.A(5) Standards &Requirements for Off-Street Parking & Loading The��fi-___- �r��' T,��';��provisions of��Section 5.1, Off-Street Parkin� a --- � and Loading,of the Zoning Bylaw do not apply to the PDD, except where noted below: a) Section 135- , 5.1.1,Purpose, applies. b) The provisions of 135-�5.1.3,parking and loading plan requirements,apply. c) The provisions of Section 135-�5.1.9, Location of off-street parking and loading bays, and S ection 13 5-�5.1.10, Driveways, apply. d) Sections 135-�8-5.1.11 5 and�5.1.12, pertaining to screening of parking areas, apply except that the height of the screening shall be six feet at the time of planting. e) The provisions, pertaining to Design Standards, contained in Sections 135- ti�'� �' � r' ��r5.1.13.1, 5.1.13.2, 5.1.13.4, 5.1.13.5, 5.1.13.6, and5.1.13.7 ., ., ., ., apply. � � Section�135-ti° �'. ��' n. ��'��5.1.14, Special Permit, applies. g) For purposes of this PDD the loading area shall not be subject to the provisions of 135- � �r 5.1.13.4,markings. I.A.(6) Standards &Requirements for Traffic The provisions of�� TT Section 5.5, Traffic, of the Zoning Bylaw do not apply to the PDD. �r�i�-� ;�� '�� '' I.A(7) Standards & Requirements for Signs, Lighting, and Wireless Communication Facilities. The provisions of Sections �i� 13 5-5.2, Signs, ��'� �T`T. 135-5.4, Outdoor Lighting, and �i� 135-6.4, Wireless Communication Facilities2 of the Zoning Bylaw apply to the PDD. 4) Amend the name of the district defined by the PSDUP from Planned Commercial District-15 (CD-15) to Planned Development District-7 (PD-7). 2 Town of Lexington Motion Special Town Meeting 2023-1 5) Amend the Zoning Map to amend the name of the district defined by the PSDUP from Planned Commercial District-15 (CD-15) to Planned Development District-7 (PD-7)for Assessor's Map 49, Map 2A. 6) Amend PSDUP Section I.A.l.e as follows, where�� text is to be removed, and underlined text is to be added: Any sale or transfer of rights and interest in the Property shall include a condition that successors and assigns are bound to the terms and conditions of this PDD and of any Special Permit��or Site Plan Review ' granted by the Board of Appeals or Plannin Board for this zoning district. 7) Amend the first paragraph of PSDUP Section I.A.2 as follows, where�� text is to be removed, and underlined text is to be added: All uses listed below shall be subj ect to ' Site Plan Review, as described in §135-4�7.3.2.6, and shall be consistent with and not exceed the development intensity or its equivalent with respect to dimensional controls and standards for the proposed structures and site plan approved in this PDD. Uses other than those set forth in this section of Permitted Uses are not permitted. 8) Replace the schedule of dimensional controls in Section I.A.3 with the following: Section 1-A3 The Schedule of Dimensional Controls Dimensional Re ulations Standards LOT REGULATIONS Minimum Lot Area 15,500 SF Minimum Lot Frontage 125 FT SETBACK REGULATIONS Minimum Front Yard 25 FT Minimum Side Yard 10 FT Minimum Rear Yard 15 FT BULK REGULATIONS (for the zone as whole*) Maximum Gross Floor Area 20,250 SF Maximum Floor Area Ratio 0.295 3 Town of Lexington Motion Special Town Meeting 2023-1 Maximum Percentage of Site Coverage 16% Maximum Impervious Service Ration 0.45 HEIGHT REGULATIONS Maximum Height in Stories 4 Maximum Height in Feet 45 FT ADDITIONAL DEVELOPMENT OF STANDARDS (for the zone as a whole*) Maximum number of Guest Rooms 22 �4 Maximum Seatin� Capacity of Restaurant 128 ._ . 9) Amend the table in Section I.A.S(i) as follows where text is to be removed, and underlined text is to be added: *No more than one on-site parking space shall be used by employees. Standard s Parking Regulations 1 per Required Number of On-Site Parking Spaces guest for Inn* room 1�r�v c-��G�1Z'Crt� Required Number of On-Site Parkin� S1�aces for Restaurant* 1 er 12 seats Required Number of On-Site Loading Areas for Inn and Restaurant 1 (Revised 11/07/2023) 4